When doctors and other professionals conspire, the law can be rather unforgiving. Just ask the Minnesota doctor who just lost her appeal of the $400K+ restitution order stemming from an illegal kickback scheme with a pharmacy. Though the doc was getting less than $1K per referral, and was only convicted of making 20 or so referrals, after entering her plea, she was ordered to pay restitution for the entire sum the pharmacy defrauded from the U....
The Supreme Court has been busy this week, disposing of cases and dispensing decisions. The Nine followed up yesterday’s decisions in CompuCredit Corp. v. Greenwood, Gonzalez v. Thaler, Minneci v. Pollard, and Smith v. Cain with three more 2012 Supreme Court opinions. Here’s a quick review of the most-recently decided issues: Hosanna-Tabor Lutheran Church and School v. EEOC. The Supreme Court reversed the Sixth Circuit Court of Appeals in a unanimous decision, finding that the Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimination laws....
The Sixth Circuit Court of Appeals ruled this week that the bulk purchase of motor vehicle records without a specific need for every record does not violate the Driver’s Privacy Protection Act (DPPA). Plaintiffs in the case claimed that a number of defendants, (including Ascom, the named defendant), violated the DPPA and the plaintiffs’ right to privacy by obtaining, using, reselling, and disclosing personal information contained in Kentucky motor vehicle records without a permissible purpose....
Shedding some light on Terry stops, the Eighth Circuit Court of Appeals reversed a Nebraska district court’s ruling that the Omaha police violated a drug dealer’s constitutional rights when they searched his car after he ducked from their line of vision and took some time to raise his hands. The legality of the car search boils down to “furtive gestures.” According to the officers, when they approached the car, Morgan reached under his seat and did not immediately raise his hands when ordered to do so....
As the opioid crisis continues, the focus has turned from users and prescription-fillers, to doctors and drug companies. In one case, opioid maker Insys was accused of paying bribes and kickbacks to doctors in exchange for increased prescriptions and dosages of Subsys, a highly addictive fentanyl spray. Last month, a federal jury found top Insys executives guilty of racketeering conspiracy for their role in the bribery scheme. And this week, the company has agreed to pay $225 million to settle federal criminal and civil investigations into its marketing practices....
The Ninth Circuit removed itself from the Affordable Care Act constitutionality debate on Friday. The Third Circuit Court of Appeals issued a similar ruling earlier this month in New Jersey Physicians v. Obama. In that case, the court ruled that the doctors challenging the individual mandate had suffered no injury and lacked standing to sue. Related Resources: Five Things to Know About the Supreme Court Healthcare Appeal (FindLaw’s Supreme Court blog)Baldwin v....
In an action by prisoners claiming that defendant prison personnel infringed their right to practice their religion under the Religious Land Use and Institutionalized Persons Act, summary judgment for defendants is affirmed in part where the restrictions imposed on plaintiffs’ practice were justified by powerful security and administrative interests, but reversed in part where defendants did not demonstrate that the religious/meatless alternative menu was the least restrictive means of furthering their compelling administrative interests....
Most of us are entrepreneurs so we can be our own bosses. We form our own business, complete the required paperwork, register with our state department, and put in years of work. If you haven’t started your business yet, you can complete business formation documents from home with simple, DIY options customized for your state. When you’re successful enough, your company hits the stage where you need some help. Now that it’s time to bring someone else aboard, do you know the legal ins and outs of onboarding new employees?...
There’s nothing like cheering on your favorite big-time college football or basketball team, secure in the knowledge that it is pure amateur competition unsullied by money. OK, that was sarcasm. No serious fan of big-time college sports believes in this myth. No serious fan is unaware that college sports — at least the kind that draw big crowds — are a crassly commercial enterprise. The National Collegiate Athletic Association (NCAA) now rakes in $1....
A California public defender can continue with her lawsuit against the deputy sheriff who handcuffed her and dragged her through a courthouse, the Ninth Circuit ruled last week. A district court had ruled that the deputy, who was seeking to make sure that the attorney appeared when her case was called, had qualified immunity from the suit, an argument the Ninth rejected. There’s no way that the deputy could reasonably believe he had a valid Fourth Amendment reason for the arrest, the unanimous panel held in an opinion by Judge Kozinski....
In a trademark infringement action, district court’s dismissal on summary judgment of plaintiff’s action on grounds the suit is barred by the equitable doctrine of laches is reversed and remanded where: 1) the court abused its discretion in concluding the doctrine of progressive encroachment applied as plaintiff did not yet have an actionable claim in 1995; 2) defendant was or should have been on notice that plaintiff objected to the use of the mark; and 3) defendant did not show undue prejudicial reliance....
In Sadhvani v. Holder, No. 08-1684, the court faced a challenge, by a native and citizen of Togo, to the BIA’s denial of his motion to reopen his asylum application in light of William v. Gonzalez, 499 F.3d 329 (4th Cir. 2007). As stated in the decision: “In William I, we held that the regulation promulgated by the agency, 8 C.F.R. section 1003.2(d), was invalid because it directly contradicted the statutory language in the INA which permitted one motion to reopen with no restriction on the location from which it was filed....
In an action challenging certain fishery management regulations, the dismissal of the complaint is affirmed where: 1) the Magnuson-Stevens Fishery Conservation and Management Act’s (MSA) limitations period barred Plaintiffs’ direct challenge to the regulations; and 2) Plaintiffs’ failure to act claim was an impermissible attempt to recast its direct challenge to the regulations so as to avoid the MSA’s shortened limitations period. Read the full decision in Sea Hawk Seafoods, Inc....
It looks like Tom Brady’s luck is finally beginning to thin out. The beleagured NFL star’s attorney appeared before the Second Circuit (originally brought late last year) and was subjected to the panel’s inquiries as to why Brady should or should not be reinstated into play after he was suspended in the wake of deflategate. The main issue before the panel was whether or not the Manhattan federal court judge Richard Berman had ruled correctly when he found that Brady’s rights to due process were violated by NFL Commissioner Roger Goodell, who could have potentially dispensed his “own brand of industrial justice....
Armed Career Criminal Act Sentence Affirmed In US v. Johnson, No. 10-6066, defendant’s conviction and sentence for possession of a firearm after former conviction of a felony are affirmed where 1) the district court did not err in concluding that probable cause supported the search of defendant’s automobile; and 2) because Missouri treated defendant’s prior offenses of conviction as felony crimes, i.e., treated defendant as an adult, those convictions were properly counted as predicate offenses under the Armed Career Criminal Act....
As the midterm elections near, voters in many states are facing a wide range of new requirements — and restrictions — as they prepare to cast their ballots. State legislatures broke records in 2021 and 2022 for enacting measures around voting rights. Most of this activity made it tougher for people to vote. Since the beginning of 2021, lawmakers passed at least 42 restrictive voting laws in 21 states. At least 33 of those laws contain provisions that are in effect for the midterm elections....
In a possible effort to get as many Father’s Day cards as possible, Elon Musk fathered three children with two different mothers within two months. Tesla CEO Elon Musk and singer Grimes welcomed their second child in December 2021. Recently Musk admitted to becoming a father to twins in November 2021 with a top executive at his Neuralink startup. Fortunately, there is no question about Elon’s paternity, as he and the twins’ mother filed an order to change their names in a Texas court....
We all know that federal judges don’t walk around handing out advisory opinions. To bring a matter before a federal court, you need a case or controversy. But if a defendant makes the putative representative in a collective action an offer in full satisfaction of her claims, is the matter moot as to those who are similarly situated? Monday, the Supreme Court will consider this question in Genesis HealthCare Corp. v....
FTC v. Network Servs. Depot, Inc., No. 09-15684, concerned an action by the FTC against defendants for making material misrepresentations and engaging in deceptive business practices in violation of Section 5(a) of the Federal Trade Commission Act. The court affirmed judgment for plaintiffs on the grounds that 1) the facts led only to the conclusion that defendants had actual knowledge that at least some of their company’s representations were false and potentially misleading; and 2) the district court did not commit reversible error by imposing a constructive trust upon $238,300 in fees that defendant paid to defense counsel....
When Stephanie Miller proposed a condo development in the Madison suburb of Monona, Wisconsin, she soon discovered how quickly small town politics could get in her way. After a falling out with a former mayor over another development, her proposed condos suddenly faced a very rocky approval process. Miller found herself subject to a slew of roadblocks. Eventually she went to court, alleging that she had been discriminated against as a “class-of-one....
